Many people conflate Deed and Mortgage with one another; however, there is an important distinction. A note is evidence of a borrower's agreement to repay while mortgage is an agreement to lend money for real estate purchases.
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Promissory notes are used extensively in mortgage transactions to safeguard the lending process, while they also help private parties practicing owner financing secure their transactions.
Promissory Note
Most of us have borrowed money at some point, and the process typically involves signing a loan agreement or promissory note as part of the borrowing process. A promissory note serves as a legally-binding contract between borrower and lender to repay any loans received and establishes initial terms such as how much is owed plus interest rate as well as who the parties involved are.
Promissory notes can be purchased and sold on the secondary market, often as part of mortgage-backed securities (MBS). While mortgage details established in a mortgage deed cannot change when selling promissory notes, other terms may change with each sale transaction.
Example of a Promissory Note with an Automatic Default Clause that states collection costs and legal fees must be paid if payments fall behind schedule, yet these terms can be altered in the future by amending their mortgage deed.
Deed of Trust
Deed of trust documents pledge real property as collateral against loans made on its terms. Unlike mortgage agreements, this document involves three parties: borrower, lender and trustee.
The trustee is an independent third party such as a title company or bank that holds "bare" legal title to the property while still holding beneficial ownership in their name. Furthermore, there is a power of sale clause in their deed of trust that allows them to sell it through nonjudicial foreclosure if payments fail to arrive on time.
Deed of trust differs from mortgage in that its foreclosure process usually does not involve court oversight; additionally, deed of trust agreements often contain an alienation clause to ensure any buyer of property who assumes loan terms agree with those set out by your loan agreement. Both types of agreements allow lenders to repossess your home through foreclosure if you fail to abide by them.
Deed of Release
Once two parties come to an agreement that resolves their differences, they usually issue a deed of release as evidence that all agreements and impediments to an asset or property have been removed and set free. Furthermore, this document confirms no one involved can continue any disagreements related to what the deed covers.
One common example is when a homebuyer purchases their property through a mortgage loan and, upon paying off the balance, is given a deed of release from their lender stating they have relinquished temporary claims on it and now own it free and clear.
Julia took out a mortgage loan for the purchase of her new home and diligently paid the EMIs on time each month, eventually repaying it within four years and receiving her deed of release from her bank.
Mortgage
Many people incorrectly use the term "mortgage" as a generalized synonym for any home loan; it actually has a more specific legal definition: it is a security instrument which gives your lender permission to repossess your home if you fail to repay their mortgage loan on time, including terms for repayment such as payment schedule and late-payment penalties.
In most instances, when a mortgage is sold to an investor, its original lender still takes responsibility for servicing, which includes managing monthly payments and keeping an escrow account open. Therefore, it's essential that you review your closing disclosure carefully prior to signing any paperwork for sale.
Some mortgages are sold to Fannie Mae and Freddie Mac, government-sponsored enterprises that purchase home loans from lenders to ensure they remain liquid and available, or private investors – this information will be included on your closing disclosure form if this occurs.
